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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> T Sabanathan v Bradford Hospitals NHS Trust (Patent) [2001] UKIntelP o03701 (25 January 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o03701.html
Cite as: [2001] UKIntelP o3701, [2001] UKIntelP o03701

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T Sabanathan v Bradford Hospitals NHS Trust [2001] UKIntelP o03701 (25 January 2001)

For the whole decision click here: o03701

Patent decision

BL number
O/037/01
Concerning rights in
GB 9708681.3, PCT/GB98/00652, EP98908220.1
Hearing Officer
Mr G M Bridges
Decision date
25 January 2001
Person(s) or Company(s) involved
T Sabanathan v Bradford Hospitals NHS Trust
Provisions discussed
PA 1977 sections 8(1)(a), 12(1)(a), 39
Keywords
Employees / employment, Entitlement
Related Decisions
[2001] UKIntelP o08501

Summary

An acknowledged inventor died. His widow applied for ownership as his successor in title. The hospital concerned did not contest the action. Having regard to the terms and conditions of his employment, it was found that research and making inventions accordingly were not a primary part his job description. Neither had he unambiguously transferred any rights in the invention to the hospital. In the lack of any counter-arguments from the hospital, ownership of the rights in the invention described in the GB application were transferred to his widow. Similarly, a declaration was made as regards her rights in any still live international application and European application.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o03701.html